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1 . Direct Purchase Order. The governmental entity must execute the purchase orders for the tangible pgrsonal property involved in the contract which must include the governmental entity ' s consumer' s certificate of exemnqo number. The contractor may resent the governmental entit ' s urchase orders to the vendors of the tangible personal property; I2. Passage of Title. The governmental entity must acquire title to and assume liability for the tangible Mrsonal ropergoperty at the point in time when it is delivered to the job site up until the time it is incorRorated as real property." 3 Direct Invoice Vendors must directly invoice the governmental entity for supplies : 4. Direct Payment. The governmental entity must directly a the vendors for the tangible 12ersonal properW, and 5 . Assumption 'of the Riskof Loss . The ovemmental entitymust assume all risk of loss or damage for th tangible rsonai pLoNrty involved in the contract as indicated by the entity' s ac uisition of or inclusion as the insured pgM under, insurance on the building_materials, D. The Owner desires to comply with the Direct Purchase Procedures set forth in this section 3 .4. 12 for purchases in an amount not less than 5 000. Construction Manager agrees to cooperate with Owner to enable Owner t comply with the Direct Purchase Procedures set forth in this section 3 .4. 12 for all such purchases. Owner and Cor struction Manager shall coordinate the builder' s risk coverage of each party to comply with the Direct Purchase Procedures set forth in this section 3 .4 . 12 for such purchases. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Construction Manager for Preconstruction Phase ervices as follows: § 4.1 COMPENSATION § 4.1 . 1 For the services described in Sections 2 . 1 and 2 .2, the Construction Manager' s compensation shall be calculated as follows : Stipulated sum of $ 177 ,786.00 inclusive of all direct and indirect construction mana er expgnses in the pre. construction phase and 'preparation of the Guaranteed Maximum Price. (State basis of compensation, whether a stipulated sum, multiple of Direct Personnel Expense, actual cost, etc. Include a statement of reimbursable cost items as applicable. ) § 4.1 .2 !Compensation for Preconstruction Phase Services shall be equitably adjusted ) days fiem the date of Ws if the originally contemplated scope of services is significantly modified. § 4. 1 .3 if eempensatien is based on a multiple of Difeet Pefsenne! Expense, Direct PeFsannel Expense i Aned as mandatory and �+dbutiens and benefits f-elated thefete, sueh as empleyment taxes and other- statutory employee benefits, insurance, SIGA leaAFAI holidays, vacations, pensions and sin-tilar- contributions and bene it&. § 4.2 PAYMENTS § 4.2. 1 Payments shall be made monthly following presentation of the Construction Manager' s monthly invoice and, where applicable, shall be in proportion to services performed. All payments are subject to the orovisions of the Florida Prompt Payment Act Florida Statutes section 218 . et. seg . , and Article 9 of A201TM- 1997 as modified . § 4.2.2Me and payable days ffem the date the Construetion Managef ' s invoice is Fee ived by Payments A the Ownen Amounts unpaid aftef the date en is due shall bear- inwest at the Fate entefed belew, or- in (Insen rate of interest agreed upoO AIA Document A121 TMCMc - 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and rhe Associated General Contractors of America All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. 11 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:50:12 on 04/19/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. (1413727908) User Notes: /